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2023 DIGILAW 766 (RAJ)

Puran Singh v. State of Rajasthan

2023-04-05

RAJENDRA PRAKASH SONI, VIJAY BISHNOI

body2023
JUDGMENT 1. The instant application has been filed on behalf of the applicants with a prayer for recalling or review of the order dated 02.02.2023 passed by a Co-ordinate Bench of this Court in D.B. Spl. Writ No.847/2022 (Suman & Ors. Vs. State & Ors.). 2. Brief facts of the case are that the respondent Nos.4 to 18 filed a writ petition being SBCWP No.13992/2022 before the learned Single Bench of this Court challenging the final answer key issued by the respondent State for Direct Recruitment of Livestock Assistant -2022. The challenge to the said final answer key was to the extent of answers of question Nos.6 and 38. The learned Single Bench, after hearing the respondent Nos.4 to 18 as well as the respondent-State, has dismissed the writ petition vide order dated 28.09.2022. 3. The respondent Nos.4 to 18, being aggrieved with the order passed by the learned Single Bench, have preferred D.B. Spl. Appl. Writ No.847/2022 before the Division Bench of this Court and the Division Bench, after hearing the counsel for the parties, came to the conclusion that the decision of respondent Nos.1 to 3 of adopting option ’A’ to the question No.38 in the final answer key of Direct Recruitment of Livestock Assistant-2022 is invalid. While observing this, the Division Bench of this Court has reversed the order dated 28.09.2022 passed by the learned Single Bench and issued a direction to the respondent Nos.1 to 3 to treat option ’B’ as correct answer of question No.38 with a further direction that result of the above referred recruitment be revised by adopting the said answer and a fresh result/merit list be prepared. 4. The present applicants are the candidates who were declared successful in the Direct Recruitment of Livestock Assistant -2022 and provided appointment by the respondent Nos.1 to 3 during the pendency of the writ petition. The applicants have apprehension that, if the result/merit list is revised, there is all possibility that their merit can be altered and they may not find place in the select list. 5. The applicants have apprehension that, if the result/merit list is revised, there is all possibility that their merit can be altered and they may not find place in the select list. 5. It is argued by learned counsel for the applicants that though, the applicants were provided appointment during the pendency of the writ petition, however, they were not impleaded as party respondents in that writ petition as well as in the Special Appeal and, therefore, the order dated 02.02.2023 passed by the Division Bench of this Court in D.B. Spl. Appeal Writ No.847/2022 may be recalled or reviewed. Learned counsel for the applicants has admitted that till date, the respondent No.3 has not prepared a fresh result/merit list pursuant to the directions given by the Division Bench of this Court vide order dated 02.02.2023. 6. Having heard learned counsel for the applicants, we are of the considered view that the applicants may have the grievance that before reversing the order passed by the learned Single Bench, the Division Bench should have provided opportunity of hearing to them, but that cannot be a ground for recalling or reviewing the order dated 02.02.2023, particularly in a situation, when the fresh result/merit list has not been prepared till date by the respondent Nos.1 to 3 pursuant to the directions issued by the Division Bench of this Court vide order dated 02.02.2023. The action of the applicants of filing this application is, therefore, premature, because whether the applicants are affected or not can only be ascertained after preparation of the fresh result/merit list. 7. Otherwise also, the proper course for the applicants is to challenge the order dated 02.02.2023 by way of availing appropriate remedy available under the law. 8. In such circumstances, we are not inclined to entertain this application and the same is, therefore, dismissed. 9. However, the applicants are free to avail appropriate remedy available to them under the law before the appropriate forum against the order dated 02.02.2023 passed by the Co-ordinate Bench of this Court in D.B. Spl. Appl. Writ No.847/2022 (Suman & Ors. Vs. State & Ors.).